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Reasons
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(영문) 청주지방법원 2013.08.09 2013고단377
뇌물공여
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person elected as Vice-Speaker from the election of the Vice-Speaker of the Vice-Speaker on July 2, 2012 as a member of the Chungcheongbuk C Council.

On June 27, 2012, at around 19:00, the Defendant issued one copy of the 500,000 foot clothes custody slip issued in the “G,” which is the clothing selling store, to the Defendant’s E E-Raying car parked in front of the community hall located in Chungcheongnam-gun, Chungcheongnam-gun, the first member of the C Council, who is the chairman of the C Council, so that the Defendant may be elected from this election group to Vice-Speaker.

As above, the Defendant offered a bribe in relation to the duties of F who is a public official with voting rights on the election of C Council Chairperson.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Application of each statute on the statement of the police to H, I, F, J, and K;

1. Relevant provisions of the Criminal Act and Articles 133 (1) and 129 (1) of the Criminal Act concerning the selection of criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 134 of the Criminal Act for collection;

1. The crime of this case committed by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a case where the defendant delivered the clothes custody slip to the members of C Council members of C Council with the solicitation that the defendant may be elected as Vice-Speaker from the election of C Council members of C Council, and the crime of this case is disadvantageous to the defendant in light of the fact that the fairness, transparency, and freedom of election may be infringed, thereby impairing the foundation of local autonomy, and therefore, the crime of this case is highly likely to damage the fairness, transparency, and freedom of election.

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